California Family Code Section 6550 Caregiver's Authorization Affidavit School Enrollment

Most people are probably familiar with kid custody in the context of a divorce. For example, one parent has the child (or children) these days and these times while the other parent has them these other days and other times. In California, child custody can too be described via another option, namely the Caregiver'south Authorization under section 6550 of the California Family Code.

What a Caregiver's Authorization allows another adult — chosen the "Caregiver" — to assume certain  authority over a small-scale child without court involvement. This authority, nonetheless, is limited to that related to the child'southward schooling and medical care. All that's required is that the Caregiver sign a declaration stating, among other things, that the small child is now living with them for whatever reason. The corporeality of authority the Caregiver gets is dependent on factors such every bit their relationship to the minor kid and the contents of the declaration signed. A sample declaration is provided in department 6552 of the California Family unit Code.

For instance, if y'all're the Caregiver and you only fill in sections ane through iv on the sample proclamation provided in section 6552, department 6550(a) only allows you to "enroll a minor in school and consent to school-related medical intendance on behalf of the minor." If y'all're interested — as I was when I saw the term — "school-related medical care" is defined in section 6550(h)(3) to be "medical care that is required by state or local governmental authority equally a status for school enrollment, including immunizations, physical examinations, and medical examinations conducted in schools for pupils."

On the other hand, if y'all're the Caregiver and you complete sections 1 through 8 of the sample declaration in section 6552 **AND** you're a relative of the minor child, then you take the same dominance to authorize medical and dental care equally a guardian would under department 2353 of the California Probate Code. Every bit used here, the term "relative" here has a specific definition also and that'due south under section 6550(h)(ii) to be "spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, one-half sister, uncle, aunt, niece, nephew, commencement cousin, or any person denoted by the prefix "grand" or "not bad," or the spouse of any of the persons specified in this definition, fifty-fifty after the wedlock has been terminated by expiry or dissolution."

The pertinent parts of section 2353 of the California Probate code appear to me to be sections 2353(a) and (b). Combined, they say that the guardian — or Caregiver who is also a relative who completed sections 1 through 8 — has the aforementioned legal authority as the minor's parent to consent to medical treatment for the child and also to require the child go medical treatment. If the child is over age 14, however, and then either a court order must be obtained or the guardian and the child must both consent to the handling. I'grand only paraphrasing section 2353 of the California Probate Code here. If section 2353 applies to your situation for some reason, I encourage you to expect at the actual text of the section.

If you're contemplating getting a Caregiver Authority for whatever reason, you lot should know that it does not amount to legal custody of the child. Section 6550(b) of the California Family Lawmaking says that the child's parent or other person having legal custody of the kid can supersede the authority claimed under a Caregiver Authorization as information technology pertains to medical and dental care. The Caregiver's Authorization also ceases to be constructive when the pocket-sized child no longer lives with the Caregiver, although it is the Caregiver'southward obligation to give detect to all interested parties that the minor kid has moved.

Lastly, if y'all're someone who works at a school, hospital, etc and you lot're presented with a Caregiver'south Authorization, you are entitled to rely on it provided yous are non actually aware what the wishes are of someone with bodily authority (e.g. the child's parent) over the child. No farther investigation is required on your office.

All of this said, my feel in California is that Caregiver'south Authorizations are extremely rare. They exist as a ways for someone to merits the authority to perform school and medical-related activities for a child in an emergency situation. The fact that they are only able to authorize action in such limited circumstances tell me that Caregiver'south Authorizations are not the equivalent of nor a substitute for something more long-term, such every bit an award of legal custody. Additionally, the fact that the Caregiver's Authorization is self-authorized (i.e. the proclamation is signed past the Caregiver and non by someone with legal custody over the kid, like their parents) tells me that the Caregiver's Authorization is meant as an emergency mensurate to prevent a child from going without medical care — and thereby risking injury — or missing school, just because the child'southward legal guardian is unavailable.

If you've had a state of affairs in California where a Caregiver's Authorization was used or turned out to be extremely useful, leave me a comment down below. The fact that California's statutes even provide for Caregiver'south Authorizations at all hateful that the demand for them must arise at least sometimes.

As always, I hope this post has been helpful. This post was non meant as a comprehensive or exhaustive discussion of Caregiver's Authorizations. I highly recommend that you read over the authorities I've cited to above. It's entirely possible they might have inverse in the time between when I wrote this post and the time you're reading it. If you do have a situation involving a Caregiver's Dominance, I highly recommend you observe a lawyer in your area with whom you tin can hash out the circumstances of your case.

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Andy I. Chen is a lawyer licensed to practice police force in California and New York. Andy maintains offices in Los Altos, California and Modesto, California. Under the New York Court of Appeals' 2015 decision in Schoenefeld v. State of New York, Andy does not have cases from those in New York country. He does, however, know many lawyers in New York land and would be happy to make a referral.

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Source: http://andychenlaw.com/california-child-caregivers-authorization-ca-family-code-section-6550/

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